Lawyer Zaid Ibrahim said Jamil was also wrong to think that the government could work its way around these prerequisites simply by adopting PAS president Abdul Hadi Awang’s bill to amend the Shariah Courts (Criminal Jurisdiction) Act 1965 (Act 355).
“Whether it is tabled by Hadi or Prime Minister Najib Razak, the same set of requirements apply.
“Islamic laws are under the purview of the states and the Malay rulers. So, their consent must be obtained before any amendment to Act 355 can be done,” he said in a video clip posted on his Facebook today.
Speaking at the Umno Overseas Club Alumni assembly yesterday, Jamil said the government had not originally tabled the amendments to Act 355 because doing so would require the approval of all 14 states.
However, he said a private member’s bill could be tabled by an individual, and thus would not need the rulers’ consent.
This came following a statement by Minister in the Prime Minister’s Department Azalina Othman, who had earlier said the government would pick up Hadi’s bill once it reaches the second reading at the March 2017 parliament session.
In October, former finance minister and long-serving Umno lawmaker, Tengku Razaleigh Hamzah, said the Malay Rulers should have been consulted, and their express approval obtained, before the tabling of any shariah law amendment in Parliament.
Tengku Razaleigh said the Malay Rulers, are custodians of the Islamic faith in their respective states, hence, they have full jurisdiction over any matter pertaining to Islamic law as well, he was reported to have said.
“Jamil’s statement is not only wrong, it also shows Umno and BN’s attitude. They always try to find ways to circumvent the law and the parliamentary system,” said Zaid, who was also former de facto law minister.
Hadi’s bill, which initially sought to increase the shariah court’s punitive powers, was amended in the last week of November’s Dewan Rakyat session.
It will cap the penalties prescribed under Act 355 at 30 years’ jail, RM100,000 fine, and 100 strokes of the cane.
Currently, shariah punishment is capped at three years’ prison term, RM5,000 fine, and six strokes of the cane.
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